The Warner sun. (Warner, Brown Co., Dakota [S.D.]) 1885-1???, 1887-02-18

the proposed IeRfslation. Persons seeking to OBJ
tain the pension provided by this section must
be now or hereafter: ~ Suffering from mental
or physical disability; (2l such disability NIT
not be the result Of their own vicious habits or
gross carelessness; 90 such disability must be
such as incapacitates them for the performance
OF LABOR lii such a degsee as to render them
UNABLE TO EARN A SUPPORT:
fourth, they must be dependent upon their
daily labor for support: fifth, upon proof of
these conditions they shall be placed on the
lists of Invalid pensioners Of the United States
and be entitled to receive for such total ina
bility TO procure their subsistence by daily
LABOR Sl2 per month. 1t is not probable that
the words last quoted, such total inability to
procure their subsistence by daily labor" az all
qualify the conditions prescribed in the pre-
ceding language of the section. The total ina
biltty" spoken of must be such" inability; that
Is, the Inability already described and cOnsti-
tuted by the conditions already detailed in the
important TO consider the meaning and the
scope OF these last mentioned conditions. The
mental and physical disability Spoken Of has a
distinct meaning in the practice Of the pension
bureau, and includes every impairment Of bodily
or mental strength and vigOr. For such disa-
biltties there are now paid I3l different rates Of
pensions, ranging from 81 to 800 per
month. This disability must not be
the result Of the applicants vicious
habits or gross Carelessness." Practically this
provision Is not important. The attempt Of the
government to escape the payment OF a pension
on such q plea would, Of course. in q very large
majority Of instances, and regardless of the
merits OF the case, prove failure. There would
be that strange but nearly universal willingness
to help the individual, as between him and the
public treasury, which goes very far to insure a
state OF proof in favor OF the claimant. The
disability Of applicants pIust be such as to in
capac1tate them for the performance of labor in
such a degree as to render them unable to earn
q support" 1t will be observed that there is no
limitation or definition Of the tncapacttating in
jury or silment itself. 1t need only be such a
degree OF disability from any cause as renders
the claimant unable to earn a support bv labor.
1t seems to me that the support" here mentioned
as che which cannot be earned is a complete and
the least impairment Of physical or mental con-
dition. II it had been intended to embrace only
those who by disease or injury were
TOTALLY Unable tt LABOR,
1t would have been very easy to express that
instead Of recognizing, as is done, q degree" OF
such Inability. What Is a suppOrt-who is to
. has It not? Is the government to enter the
home Of claimants for pension and, after an ex-
animation OF their surroundings and circum-
stances, settle these questions? Shall the gov
eminent say to a man that his manner of
subsistence by his earnings is a support and to
another that the things his earnings furnish are
d suppottE any aItempt' however honest 10
administer this would necessarily produce more
untaIrness and unjust discrimination and give
more scope for partisan partialtty, and would
result IN. more perVersion Of the govern
ment's benevolent intentions, than the
execution Of any statute ought to permit. If, in
the effort to carry out the proposed law, the de-
gree Of disability as related to earnings be con-
stdered for the purpose of discovering II in any
way it Curtails the support which the applicant
If entirely sound would earn and to which he is
entitled, we enter the broad field long occupied
by the pension bureau and we recognize as the
only difference between the proposed legislation
and previous laws passed for the benefit Of the
surviving soldiers of the civil war the incur
renee in one case Of disability in military ser
vice, and in the other disabilities existing but in
no way connected with or resulting from such
service. 1t must be borne in mind that in no
case Is there any grading of this proposed pen
sion. Under the operation of the rule first suR-
gested, If thee is 2 lack, in any degree,
great or small, Of the ability to earn
such a support as the government determines
the claimant should have, and by the applica-
ton Of the rule secondly suggested, il there is a
reduction In any degree of the support which he
might earn If sound, he is entitled to a pension
Of $l2 per month. In the latter case, and under
the proyiso Of the proposed bill permitting per-
sons now receiving pensions to be admitted to
the benefits of the act, l do not see how those
now on the pension rolls for disabilities incurred
in the service, and which diminish the earning
capacity, can be denied the pension provided in
this bill. OF course none will apply who are now
receiving $12 or more per month; but on June
80, 1886. there were on the pension rolls 202,-
62l persons who were receiving ffty-eight diff
ferent rates of pension, ranging from 81 to
$l1.7J per month. OF those 2s, 142 were re-
Setying e per month; 6S,ll6' - per month;
bilities were rated as total, So per month.
EVEN ITS ADVOCATES DIFFERED.
AS to the meaning of the section of the bill
under consideration, there appears to have been
a difference Of opinion among its advocates in
congress. The chairman Of the committee on
pensions In the house of representatives, who re-
ported the bill, declared that there was in IL no
provision for pensioning any one who has = less
disability than a total disability to labor; and
that it was q charity measure. The chairman OF
the committee on pensions in the senate, having
charge Of the bill in that body, dissented from
the construction Of the bill announced in the
house of representatives and declared that it not
only embraced all soldiers totally disabled, but
in his judgment all who are disabled to any con-
siderable extent; and such q construction was
substantially given to the bill by another dis
tingulshed senator who, as q former secretary of
executing the pension laws and determining
their intent and meaning. Another condition
required Of claimants under this act is that they
shall be dependent upon their daily labor for
support" This language, which may be said TO
assume that there exists within the reach
Of the persons mentioned labor" or the
ability in some degree to work Is more aptly
deprived Of this ability than in one which deals
with those utterly unable to work. am of tho
opinion that it may fairly be contended that
whose faculties Of mind or body have become
impaired by accident, disease or age, irrespective
Of his service in the army as 6 cause, and who
by his labor only Is incapable Ct gaining the fair
support he might with unimpaired powers have
provided for himself. and who Is so well en-
dowed with this worlds goods as to live with
ont Work may claim TO participate IN IIe DOunbys
that it Is not required that be should be with
out property, but only that labor should be
necessary to his support in some degrees, NOT is
1t required that he should be now receiving sup"
port from others. Believing this to be the
proper Interpretation Of the bill, I annot but
remember that the soldiers OF cur OWL war in
their pay and bountv received such compensa-
ton for military service as has never been re-
ceived by soldiers before since mankind first
went to war; that never before. on behalf OF any
soldiers, have so many and such generous laws
been passed to relieve them against the met
dents OF war; that statutes have been passed
GIVING THEM A PREFERENCE
Ia all public employments; that the really needy
and homeless Union soldiers Of the Rebellion
have been to . large extent provided for at
soldiers homes, instituted and supported by
the government, where they sre maintained to-